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Palpable Error Appeals: Ministry Response and Recent Board Findings

24 Feb 2026 4:03 PM | Anonymous member (Administrator)

OMTRA has received a response from the Minister of Finance regarding our recommendation to introduce a statutory limitation period for appeals made under section 40.1 of the Assessment Act. In its reply, the Ministry acknowledged OMTRA’s concerns and confirmed that this issue has been taken into consideration as part of the government’s ongoing review of the property assessment and taxation system. However, no immediate changes are planned.

OMTRA continues to monitor new decisions released under section 40.1, including the most recent motion decision, 2026 CanLII 1375 (ON ARB) | 1039573 Ontario Limited v Municipal Property Assessment Corporation Region 30 | CanLII. In that case, the Board declined to correct an error after finding that prejudice to the municipality, together with systemic concerns and the need for finality in the assessment roll, outweighed the owner’s financial prejudice. The decision underscores that significant delay in raising an error can create unanticipated impacts for municipal budgeting and highlights the importance of municipalities participating as active respondents in palpable error motions to ensure their interests are fully represented. OMTRA will remain attentive to further jurisprudence and any policy developments arising from the Province’s broader review of the assessment system.

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